HomeMy WebLinkAbout2010-04-10 - Planning Commission Minutesn Community Development Department
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MINUTES
DESCHUTES COUNTY PLANNING COMMISSION
DESCHUTES SERVICES CENTER
1300 NW WALL STREET, BEND, OREGON, 97701
APRIL 22, 2010 - 5:30 P.M.
I. CALL TO ORDER
Meeting was called to order at 5:30 p.m. by Chair Chris Brown. Members present were
Vice Chair Ed Criss, Merle Irvine, Keith Cyrus, Todd Turner and Richard Klyce. Staff
present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; Terri
Payne, Senior Planner; and Sher Buckner, Administrative Secretary.
Approval of January 28 minutes, with revisions as emailed to the Commissioners, and
February 25, 2010 minutes. Commissioner Irvine abstained from voting on the January 28
minutes due to absence. The February 25 minutes will include an indication that
Commissioner Cyrus arrived after the items/discussion about the destination resorts and
right before Item V on the agenda.
II. PUBLIC COMMENTS
Pam Hardy, a land use attorney, introduced herself on behalf of 1000 Friends of Oregon
and said she was looking forward to working with the Commissioners. She has also
worked for Central Oregon LandWatch and handled private cases throughout the state.
Sunni Rounds, a resident of La Pine, testified regarding the Comprehensive Plan and
submitted her comments in written form.
III. COMPREHENSIVE PLAN DISCUSSION: Review of Revised Sections — Terri Hansen
Payne, Senior Planner.
Terri said we are still receiving comments and that when we held community meetings,
water issues came up during each discussion. The public indicated overwhelmingly that
water was an important issue in this part of the State. We saw three key pieces: adequate
availability for all users, which includes conservation measures; ground and surface water
quality, not only for drinking but good river and stream water; and the cumulative impacts of
development. The matrix results also show that these are key parts of the Plan.
Quality Services Performed with Pride
Chair Brown and Commissioner Irvine spoke about the timetable. Nick Lelack said we
would like to try and get the community plans adopted before the Comprehensive Plan.
He distributed a revised timetable to the Commissioners. Staff has to prepare a 45 -day
notice for DLCD before the first public hearing. Our goal is to have most of the first
complete draft done by August 26, since we will need to get the 45 -day notice out soon
afterward.
a) 2.2 Agricultural Lands
Commissioner Klyce said he had thought a lot about dealing with agriculture, and we have
received an extensive amount of public testimony indicating that agriculture in the County
doesn't work. He has been trying to figure out what we can do to change that with the
Comprehensive Plan. He spoke about the statement that agricultural lands need to be
retained and felt that the County needs to encourage a viable agricultural industry, which
goes beyond just having land available for agriculture. We have heard from members of
the public with innovative ideas such as agritourism and also stating that large-scale
agricultural activities in the County just do not work — the growing season is too short. He
would like to figure out a way for the County, in the Comp Plan, to encourage flexibility
which would do more for agricultural lands.
Chair Brown clarified that when the State refers to income, it means revenue less
expenses, not just revenue. Some folks are willing to lose some money to have a small
farm and enjoy its qualities. Commissioner Klyce said there is a lot of land in the County
being used as hobby farms, which is a lifestyle choice. He felt that the agricultural
deferment supports a lifestyle for those who don't really need it, and it takes revenue away
from the County. He doesn't think it's good enough just to say "agricultural lands need to
be retained." Chair Brown asked if this meant that Goal 1 and Goal 2 should be
reclassified into one. Commissioner Klyce indicated he would like to come up with a new
key issue instead of "agricultural lands need to be retained." Maybe a statement could
indicate something like the County adopting policies to encourage flexibility. We should
come up with new ways to generate positive income on agricultural lands. He would like
to stop the trend of too much ag land being taken up for residential use. The only thing
that makes sense is to come up with viable agricultural policies that generate income. He
would like to strike this issue right off the top and draft different language.
Vice Chair Criss asked Nick if this had been discussed at a conference regarding HB2229.
Nick said mostly they had talked about process and how to implement the bill. Dave
Hunnicutt and Commissioner Unger will meet with Richard Whitman to indicate the
County's interest in moving forward with H132229; it will take 6-8 months to develop rules
for its implementation. Commissioner Irvine said it seems that if we want to expand the
key issue, we need to have a statement that leads to goals and policies. We could include
a statement regarding the reality of agriculture in the County being a money loser.
Chair Brown said he is reluctant to refer to specific numbers such as dollars lost per acre,
since every month a new report with a new set of numbers is issued. Commissioner Irvine
said maybe we could include something more general. Nick suggested "accurately
designated agricultural lands need to be retained." Commissioner Klyce said that was
true, especially since there is EFU land that should not have the designation; but he would
like to add something about being more flexible. Chair Brown mentioned Goal 3 and
referring back to reclassification studies and revising this. Commissioner Klyce felt that
language about agricultural lands needing to be retained would be a restatement of the
last Plan, where the focus was on lands rather than agriculture.
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Chair Brown asked Terri about required language. Terri said that Nick's suggestion would
be appropriate — we are required to maintain State -defined agricultural land. We cannot
do anything about what we have until we go through another report and findings to change
the State definition. Nick's language about "accurately designated agricultural land" would
be a good statement to use. Commissioner Cyrus suggested adding the word "protected."
Commissioner Klyce said he would prefer to focus on the industry rather than the land.
Nick suggested that perhaps the second key issue should refer to "agricultural landowners
and farmers," since landowners may not be farmers.
Commissioner Klyce said he would like to encourage people to pursue agriculture that is
not commodity -based (meaning someone who only grows wheat, corn, and other crops
which are not viable in this County due to the short growing season and competition from
other farmers). From what he understood from past testimony, we need to change the
face of agriculture in Deschutes County, maybe to specialty crops, and find new ways to
define agriculture such as agritourism. He would like to see us encourage people. There
are two entities outside Terrebonne that function the same as wedding event venues, and
he does not see anything wrong with using EFU land for wedding events. He would like to
see the County be more flexible in interpreting State law and test whether something will
fly at the state level.
Chair Brown asked if there is a hierarchy with these statements — key issues, goals and
policies. Do we need to address this in key issues? Nick said we may not even need to
keep them — it is the Commissioners' choice. Chair Brown asked if we should move the key
issues to the side for the moment and make sure they are addressed in goals and policies.
Commissioner Klyce said he is after a totally different way to look at this — focusing on
practices rather than retaining lands only. Should there be a separate zone for hobby
farms? Terri indicated our hands are somewhat tied, and we have tried to include language
saying we support farming by reviewing guidelines, we agree there are issues to look at, and
we are open to different language. Chair Brown said we had discussed dropping
"economically viable," and talked about adding language from the building definition of
agricultural buildings. Terri said that language was added in Policy 2.2.6.
Commissioner Cyrus mentioned that historically the County's development was
encouraged by the railroads. Water was accessible — three ditches in his area parallel
Peterson Ridge and have now been combined for $40 million. Federal funds helped to
develop projects like the North Unit. Some areas were set aside for returning G.I's.
Power was inexpensive. Idaho developed with big irrigation projects. All of these areas
developed around us with better climate and soils. We are trying to retain something that
has outlived its use in today's market. Much of the available produce today is grown out of
the country where labor is cheap. Embargos on crops like wheat affect what we get paid.
Vice Chair Criss brought up the problem with misclassification of soils, and Nick said the
soils in Eastern Oregon are defined by the State and most are classified as 6, 7, and 8.
The better way to get around that is HB2229 and changing the definition. In the Valley, it
is 1-4. Commissioner Cyrus spoke about the difficulties of small farmers.
Chair Brown said he was trying to get away from the term "agricultural lands," and would
rather talk about farmers. Another potential phrase would be "rural property owners," and
he would like to avoid the use of the terms "irrigated land," and "EFU." Would we be better
off referring to the industry and owners? Commissioner Klyce said the key issue
paragraph sets the tone for the rest of the section, so it is important to make a
philosophical statement. Commodity agriculture is no longer viable in the County.
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Emphasis should be on agritourism, farmlands, etc. Chair Brown asked if we could use
the word "revenue." Nick agreed the first issue sets the tone and perhaps we should refer
to accurately designated agricultural lands - agricultural landowners and farmers need
flexibility. Nick said that one thing he hears from planning directors in the valley is that the
number of farms is decreasing, but the areas for agricultural use are increasing. They are
trying to figure out how to keep local farms successful.
Commissioner Turner felt it is important to retain agricultural lands. Perhaps some
wording could be changed, but we do talk about flexibility and regional issues later on.
Commissioner Klyce said he would like to see a change in the approach. Right now, we
are trying to promote agriculture by making it impossible to do anything else on the land,
where perhaps we should focus on the industry and preservation of the land will follow.
Commissioner Turner said we are talking about giving farmers flexibility, and this can be
worked out in the Plan. Commissioner Klyce said it sets the tone. Commissioner Turner
said he and Commissioner Klyce would be on two sides of the issue regarding weddings,
for example - what is economically viable? Chair Brown said there is Goal 2 with its
policies and Goal 3 with its policies, and we are trying to say that the person who owns
agricultural ground needs flexibility to generate revenue. Commissioner Turner said he
also understood expenses against revenue, how those are used in agricultural practice
and that they are very important to whether profits are shown. He is glad to have Chair
Brown on this Commission with his accounting experience.
Chair Brown asked if we could see suggested language changes before the next meeting.
Terri said she will look into required language. We do have to use "EFU zoning" to protect
farm zones. Chair Brown said that in one place we indicate "protect agricultural lands
through EFU zoning," but is there an easier way to say this that the State will accept?
Terri replied that perhaps we could say "...retain agriculture through EFU zoning." Chair
Brown said he has a problem with EFU, which really does not apply in a lot of cases in the
County.
Commissioner Cyrus wondered if the term "EFU" originated when land values were
escalating and the Farm Bureau was active in developing a system to apply and qualify for
EFU designation based on rental lease rates, tied into the correlation of what the real value
was - and then when land use planning came along, all those lands got lumped into EFU,
whether they qualified or not. People did not have to come in and prove their status. Terri
added that there are 6-7 agricultural subzones now. Commissioner Turner asked if we have
had communication with the DLCD similar to that during Redmond's UGB process, so flags
can be identified early on and problems with the 45 -day notice avoided? Terri said we have
done a few things and gotten informal feedback, but the DLCD pretty much sticks to the line
of not wanting to review anything until there is a formal proposal.
Chair Brown asked Nick if there was a way to run some sections by Salem. Nick indicated
that they were very hesitant to review a section in progress, but we can ask some
questions. Commissioner Cyrus asked about subzone amendments that were done in
1992. We have a task of continuing on with something that has changed a lot. The
adequate legal findings bother him — Nick said we can look at the language. HB2229 may
result in a different process. Commissioner Cyrus felt that a professor from Oregon State
and politicians had more input than the farmers.
Chair Brown said in 2.2.9, we talk about diversification of the agricultural enterprise and
the alternative uses being complementary. He would like to give every opportunity to
landowners, but we need to be talking about something that fits. He gave an example of
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wind towers next to laying hens. We need to protect neighborhood farming activities.
Terri said this could be added.
Commissioner Klyce asked about the purpose of 2.2.4. Commissioner Cyrus said we are
trying to put more water back into streams but have policies that encourage irrigation and
flood control. Nick said that the Lane County plan was a starting point. Commissioner
Klyce asked about the phrase "minimum environmental degradation," and whether
someone would have to prove this. Chair Brown said the priority would be to minimize.
Commissioner Turner said he has always been bothered by the "use it or lose it" approach
to our irrigation — there is no incentive to conserve water resources.
.Commissioner Cyrus mentioned mitigation and irrigation districts. In his area, water must
be conserved. Commissioner Turner said he is on the Central Oregon Irrigation District;
they could be putting water onto fields, but there is no reason to. Commissioner Irvine
said he sees people watering lawns 24 hours a day to keep their water rights.
Commissioner Cyrus said water rights are always under attack. He does not feel we need
to keep 2.2.4 but will probably need mitigation to get water back into the ground — the
canals are drying up with piping. There will be problems down the road as domestic wells
go dry. Reservoirs needing recharging may fit right in with this language. Commissioner
Cyrus felt we could delete references to "environmental degradation" because there are
already so many hoops to jump through.
Nick suggested we say "encourage water projects that benefit agricultural use," and the
Commissioners agreed. Nick also said that in 2.2.9, under "Other Uses," one issue that
was not contemplated until recently was guest ranches. A work group will consider this. It
is in the vein of smaller uses, and Chair Brown mentioned smaller destination resorts.
Commissioner Klyce suggested cutting it off at "alternative uses," rather than having a
specific list.
Nick said we could support a policy of agritourism and define it — this is getting a lot of
attention at the state level. Commissioner Turner said he could see situations where it
would be appropriate and some where it would be problematic. Commissioner Klyce,
Chair Brown and Terri discussed language in 2.2.14 concerning the Big Look.
Commissioner Turner asked if this meant that, as a County, we support everything in the
Big Look. Perhaps we do not want to be that specific. Nick asked if we should craft a
policy to review the Big Look and determine areas to be considered.
Commissioner Klyce asked about coordinating with BLM regarding use of vehicles on
private property. Nick mentioned meeting with the Nashes, who have cattle on their
property and BLM land on both sides. The cattle have been cut off from roaming on the
land. Nick suggested language indicating "coordination with governmental agencies."
Commissioner Klyce wondered if there is a polite way to ask the feds to keep recreational
vehicles off private property. Vice Chair Criss said there are huge areas that cannot be
patrolled. There should be a buffer zone so that farmers do not wind up with sage grouse
driven onto their properties.
Chair Brown said in 2.2.13, "exploring ideas" was too big. In 2.2.12, regarding housing,
"small size" is not appropriate language. Nick and Terri discussed small farms meeting
the income test. Chair Brown asked how soon we will see the next revisions, and Terri
said they should be available in time for the next meeting.
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b) 2.3 Forest Lands
Chair Brown asked about 2.3.5 and the Skyline Forest language, which was mandated by
the State. Terri said we had a lot of public comment. We know the land trust is trying to
pull the money together. Commissioner Klyce questioned the County having to buy
Skyline Forest if the deal falls through. Chair Brown asked about 2.3.9 and whether it
allows us to apply for grants. Terri said yes. Commissioner Turner asked about 2.3.5
and whether we had received any input from Fidelity about Skyline Forest. Nick said he
speaks frequently with Linda Swearingen. They are watching and trying to figure out how
to make HB2228 work. Commissioner Turner said he is very supportive of Skyline Forest
— there is someone who owns a lot of F1 land, and we are writing a statement that says it
has to be preserved? Terri said it will be logged, and maybe saying "preserved intact as
much as possible" would be better.
Chair Brown said he would like an explanation of 2.3.10 and the added comments. Terri
said that federal lands are not under our jurisdiction. Chair Brown said that when he first
joined the Planning Commission, there was an issue about notifying landowners about
restrictions on their property. He knows it is up to the landowner, but if someone
exchanges a parcel they tend to have a preconception about the parcel. He wants to be
sure people can learn about restrictions on their properties before their purchases.
Commissioner Klyce asked about 2.3.10 and dropping the phrase "mitigate." He asked
about F1 zoning and whether single family residences can be built. Terri said someone can
build in F2, but there are very defined acreage minimums and other criteria for F1 lands.
Commissioner Klyce asked about 2.3.2. Terri said this came out of our current
Comprehensive Plan and it was used to differentiate between F1 and F2. Terri said there
are single family houses next to F1 properties, and a hearings officer was recently working
on the definition. Commissioner Klyce said that, to him, F1 meant land set aside for
commercial forestry practices, not residential. Terri said she would look it up, but she
understands it is mostly this way. Nick said that F1 is equivalent to EFU. Commissioner
Klyce thought that if a defining characteristic is managing for commercial production, we
could use the more restrictive "sole" term. Chair Brown said he had heard that the forest
can only be protected by having a manager onsite. They may need a small residence on
the property for the manager. Nick said a perfect example is Skyline Forest. Commissioner
Cyrus and Peter Gutowsky discussed the Federal Resource Management Plan.
c) 2.4 Goal 5 Introduction
Terri indicated we are required to update this, although we are not doing Periodic Review
IV. COMPREHENSIVE PLAN DISCUSSION: Review New Sections - Terri Hansen Payne,
Senior Planner.
a) 2.5 Water Quality and Quantity
Commissioner Turner and Chair Brown discussed the previously used approach - if there
were four affirmative comments to an item, it did not need to be discussed.
Chair Brown spoke about Key Issue 4. Commissioner Cyrus said that the mitigation for
resorts, if the source is a well, requires that they mitigate surface rights at a ratio of 1.8;
but it seems like this is backwards. State law protections were discussed. Terri said we
don't necessarily track water use on small developments but do think about what the
impacts are. Peter Gutowsky said that domestic wells are exempt under a certain amount
and a recognized collaboration has to occur. Chair Brown asked about Key Issues 1
and 2 and whether they say the same thing as mitigating new development.
Commissioner Klyce asked what constitutes new development, and Chair Brown asked
again about whether we were repeating key issues 1 and 2. Peter said we are recognizing
that water relates to everything in our region, and we are transitioning from water users to
recognizing limitations in the water supply. Today domestic wells are permitted outright
and there are concerns about the number of domestic wells — several thousand of the
predicted 30,000 additional County residents will rely on these. It is a divisive issue —
there was legislation proposed and tabled that was very controversial and produced a big
backlash. Peter said any new use concerning water could be considered under this issue.
Chair Brown felt that 1 and 2 cover the bases, and perhaps we could add the word
"development" to #1.
Chair Brown spoke about Goal 4, on which the vote was split. Terri said that right now
there is not a lot of coordination between zoning and water, for example, and the goal is to
think about this. Commissioner Klyce said that in Terrebonne the water supply will soon
be insufficient. Commissioner Irvine asked if we have development policies, and Terri said
we are trying to build an awareness and alert people to thinking about them. Vice Chair
Criss asked if "development" was defined as a house or subdivision; Terri said it was both.
We are trying to recognize a tie between development and water use. Commissioner
Klyce asked if state law does not regulate wells, is this trying to do that? Terri said it only
indicates we are trying to keep an eye on things.
Peter spoke about a Deschutes Water Alliance -funded study regarding water issues which
acknowledged the cumulative concerns about domestic wells. Planners are hard -wired to
look out 20 years; the Commissioners get to decide what policies they would like to see in
this document. Chair Brown asked about other agencies setting water rules for the
County; when we talk about coordinating them, are we meddling in something that is
handled by other agencies? Peter said that coordination is central to long-range planning,
and Terri added we are responsible for development.
Commissioner Cyrus asked if we are overlooking something in 2.2.4 — perhaps we need a
drainage project in South County and the balance in North County. Vice Chair Criss said it
had actually been suggested. Peter mentioned an article in the paper regarding
geothermal using grey water for energy. Vice Chair Criss spoke about studies for South
County groundwater and said that more data is needed — do we have enough technical
information? He questioned banning new development in places where we don't know if
we have enough water. Commissioner Turner mentioned that he didn't see anything in
Goal 4 about mitigation. Nick asked if we should say "coordinating land use and water
policies." Chair Brown said Goal 4 is modified to say "land use" instead of "development,"
and the Commissioners agreed.
Chair Brown indicated policy 2.5.3 showed four votes indicating modifications were
needed. Commissioner Klyce asked why the County would not support irrigation districts.
Peter said several have asked us to become members, and there are also grant
opportunities. Chair Brown and Peter discussed 2.5.4 and whether it needs to be a
separate policy. They agreed that it does.
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Section 2.5.8 will be deleted as redundant. Peter said 2.5.17 was recommended by the
Irrigation District. Regarding action items 2.5.1 through 2.5.22 — Nick asked if there are
any that should be drafted/incorporated. Chair Brown said 2.5.9 and 2.5.10 contained
comments about policy. Peter told Vice Chair Criss that 2.5.5 indicated we were trying be
committed to South County. Chair Brown said he took exception to "rural sewers" as the
solution, which perhaps should say "alternatives." Peter said it may fall under the Goal 11
definition. He and Vice Chair Criss discussed adding language about preparing
amendments to Goal 11 if a public health hazard is declared; Chair Brown mentioned
using the term "alternative systems." Peter and Vice Chair Criss discussed the
designations and indicating that the County would expedite alternatives.
Commissioner Turner wanted to move Action Item 2.5.1 up to 1. We have heard a lot of
testimony about the fluctuation of water in the Deschutes system. He wondered why three
people wanted it deleted. Chair Brown said he wanted to see most of the action items
removed. Nick suggested encouraging efforts to address fluctuating levels in the
Deschutes River system. Chair Brown felt a tradeoff needed to be made between piping
and irrigation districts.
Regarding 2.5.9, Commissioner Klyce said he finds the phrase "redlot" could be applied to
much of South County. Terri and Peter discussed primary and secondary uses;
Commissioner Klyce asked if a house could be put on an undeveloped redlot. He and
Peter discussed accessory structures. Commissioner Klyce said that some people in
South County had put RV's on redlots during the summer, as well as garages. Peter
spoke about permitted uses. Commissioner Klyce asked if that type of use would be
prohibited under 2.5.9, and Peter said that there are natural systems providing ecological
benefits. Chair Brown said he understood that water being processed to filter/claim is
surface water and not groundwater, so it is different than groundwater in a redlot. Peter
spoke about the possibility of redlots being located in wetland areas — there are probably
some. The word "feasible" will be reinserted.
Chair Brown said he would like to see the 2.5.9 action item deleted and asked if 2.5.10
referred to Pronghorn. Peter said that siting requirements do emphasize conservation,
and Pronghorn is using treated effluent from the City of Bend. Use of the word "support"
and leaving this section intact as a policy were discussed.
It was decided to remove 2.5.11. Commissioner Turner said, regarding 2.5.1, that he
would like to move it to Rivers and Streams. Terri said a number of people have
commented that we should merge the two chapters.
b) 2.6 Rivers, Streams and Fish
Goal 1 - Commissioner Turner discussed his impression of key issues and felt there
should be a statement about a viable, healthy ecosystem. Chair Brown said he had a
problem with the word "restore," and would like to see "maintain and improve" instead.
Commissioner Turner said there may be sections of the Deschutes River Basin that need
to be restored, and Chair Brown said they would be considered "improved."
Goal 2 — Commissioner Klyce felt it was a matter of state law. Nick said this was
important to the Board. Chair Brown suggested using the words "support" and
"endangered species."
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Goal 3 — Terri said this was repeated by the public many times — access to outdoor
recreation. Chair Brown and Commissioner Turner asked if we could just say "improve
access to rivers and streams while protecting private property rights."
Goal 4 — Nick asked if we could combine it with Goal 1. Chair Brown wanted to delete the
last three words.
2.6.1 — Commissioner Klyce discussed the problem with inconsistent studies.
2.6.3 — Chair Brown wondered about listing agencies.
2.6.5 — Chair Brown said we already have something saying to use the best information
available.
2.6.6 — Commissioner Cyrus said he could see a situation where there are adjacent
landowners, and a swap would be better. Commissioner Irvine said we had come up with
language in another chapter as to what was feasible.
2.6.9 — Vice Chair Criss thought that something like this should be included. Peter added
that most significant habitat for trout is located outside the County. Protection of spawning
areas and changing the language to "support and enhance native fish populations, habitat
and restoration," were considered.
c) 2.7 Regional Problem Solving for South Deschutes County
2.7 — RPS — Peter said it was our professional opinion that until there is a commitment and
staff capability to update that section, it must be in place as is. We heard testimony
tonight about changes which we do not discount, and we know the community wants to
revisit land use in this part of the County. Residents told us a year ago that they did not
want to change anything about land use until they understood DEQ's comprehensive
groundwater management approach. This provides the justification for the existing
policies.
Vice Chair Criss indicated that many residents think it has not gone far enough yet — we
need to work with DEQ, DLCD, etc. It is important that the County be a partner. We
should defer this for now. Nick added that we could change the name to South County
Community Plan, and it is in our work plan as a priority. There are additional issues such
as zoning and transportation which need to be discussed. Chair Brown suggested
changing "residents express support," or deleting it, which Nick said was possible. Chair
Brown asked again if we could use another phrase instead of Regional Problem Solving,
and Nick said we could use South County Plan.
V. PLANNING COMMISSION & STAFF COMMENTS.
Nick spoke about the Destination Resort Work Group meeting. There is a guest ranch
work group meeting this week. Linda Swearingen asked about fractional ownership of the
units because it is so hard for ranchers to finance. The units are also only marketable in
areas such as those near the river. Tom and Nick met with the La Pine Planning
Commission last night about the transition.
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Chair Brown said he and Commissioner Irvine will meet with Commissioner Baney
regarding destination resorts. The grandfather clause was voted two different ways and it
has tremendous implications for the County. Chair Brown and Commissioner Cyrus
discussed representation of the Planning Commissioners. Chair Brown said he
understood he could represent something that was already voted on but will check with
legal counsel. Nick mentioned that in Redmond they had a liaison to the Board who could
speak on behalf of the Commission.
Vice Chair Criss mentioned the language in the work plan regarding working with South
County, and they have a problem believing it. This is because of the Local Rule and a
piece which is still in place. He does not understand why people have to put ATT's in
areas that may wind up in community systems. We are wasting resources. He has
spoken to people who have had to do this, and it is causing a tremendous financial impact.
Most people do not have the money for these systems - why is money being spent? We
have the Local Rule broken into two pieces, one of which was defeated by referendum
and one part which was passed with an emergency clause in court. This needs to be
rescinded. We need to put our resources together to make this work. The people of
South County will be able to buy into a process if they see that it is possible.
Vice Chair Criss spoke about a South County resident's problems with a required system
and funding issues. He feels this needs to be brought to the Board. Nick said that the
Board will likely conduct a public hearing on our work plan during the first week of June.
This could be suggested in the public hearing (repeal of part of the Local Rule). Peter said it
is in litigation and an environmental health issue, which may be difficult to untangle. Tom
Anderson may be helpful in articulating concerns before the Board. Nick said that the public
hearing is on CDD's work plan, so the public may testify at that time.
VI. ADJOURN
There being no further business, the meeting was adjourned.
Respectfully submitted,
Sher Buckner, Administrative Secretary
NEXT MEETING — May 13, 2010, at 5:30 p.m. at the
Deschutes Services Center, 1300 NW Wall Street, Bend, OR 97701
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